Smoking within 25 feet of doorways or windows would be banned under bills

Baton Rouge -- Smokers would have to move at least 25 feet away from the doorways or windows of buildings to light up, according to a bill filed by a northeast Louisiana lawmaker for the upcoming session of the Louisiana Legislature. Rep. Frank Hoffmann, R-West Monroe, a former smoker, filed House Bill 307 to extend the ban on smoking to at least 25 feet outside of state-owned buildings or those renovated in whole or in part using state money.

File photoRep. Frank Hoffmann, R-West Monroe

The bill also would ban smoking within 25 feet of ventilation systems, wheelchair ramps and other structures that help the handicapped enter or leave buildings.

The bill would not apply to buildings constructed by a city or parish school board.

Hoffmann also filed House Bill 378 to likewise ban smoking within 25 feet of entrances, windows, wheelchair ramps and ventilation systems of private buildings, as well as "other enclosed areas" where smoking is prohibited.

Hoffmann said he is not trying to eliminate smoking in bars, casinos or other venues where it is still allowed. He said the purpose of the legislation is to reduce the effects of second-hand smoke -- the smoke that non-smokers inhale -- because of "abundant and mounting scientific evidence indicating that there is no risk-free level of exposure to second-hand smoke."

Violations under both bills are fines of $25 for a first violation, $50 for a second and $100 for subsequent infractions.

Employers or building owners who fail to designate at least a 25-foot smoke-free zone can be fined $100 for a first violation, $250 for a second offense and $500 for subsequent offenses.

The bills would take effect Jan. 1 if approved.

Rookie Rep. Sherman Mack, R-Albany, filed House Bill 380 to require drug-testing of at least 20 percent of those who receive benefits under the Family Independence Temporary Assistance Program, one of the federal benefit programs administered by the Department of Children and Family Services. Almost 4,000 adults qualified for the program's benefits last year.

Mack said he did not know the cost of the bill but said a basic urine drug test can be done for about $20. He said the tests would be done on a random basis among the 20 percent selected, but all recipients would have to agree to the test to get benefits.

Recipients who test positive for drugs must agree to complete a counseling or rehabilitation program within 90 days, but the benefits would continue, Mack said.

A second failed drug test or failure to complete the rehabilitation program would result in a one-year suspension, Mack said. The suspended recipient "shall be prohibited from re-applying for cash assistance" for a year and only if he or she completes a rehabilitation program.

"This bill encourages people who have problems to get help," Mack said.

So far 789 bills have been filed for the lawmaking session that begins March 12: 522 in the House and 267 in the Senate.

Some of the other bills filed include:

House Bill 325 by Rep. Jeff Arnold, to increase from $35 to $55 the special costs paid by criminal defendants who plead guilty, are convicted, enter no-contest pleas or forfeit bonds. The $55 would go to help operate indigent defender offices across the state.

House Bill 351 by Rep. Roy Burrell, D-Shreveport, to require the state Board of Elementary and Secondary Education to develop a school accountability program for non-public schools that are approved for operation by BESE and receive public funds. The accountability program already is in place for public schools. The plan would have to be in place for the start of the 2012-13 school year, Burrell said.